Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51097 of 2024 Arising Out of PS. Case No.-208 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Umesh Sah Son of Ishwar Prasad @ Ishwar Sah @ Ishwari Resident of VillRaxaul, Mauje, Ward No. 14, P.S.- Raxaul, District- East Champaran, Motihari ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sugauli P.S. Case No.208 of 2022 lodged under Sections 25(1B)a, 26, 35 of the Arms Act read with sections 8/20(b)(ii)(c) of the N.D.P.S. Act. read with section 51 of the Wild Protection Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons including the petitioner against whom there is allegation that total 9.6 Kg charas and two small pieces of horns of deer were recovered, which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51097 of 2024(2) dt.24-07-2024 2/2 petitioner is innocent and has committed no offence. He submits that only 5 kg of charas have been recovered from petitioner's possession.

5. Counsel for the petitioner submits that petitioner is in custody since 03.05.2022 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail and submits that the said charas is N.D.P.S. material and the recovery is more than the commercial quantity.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Prakashmani/- U T